In re M.W.H.

Citations

• 2026 Ohio 1558

Syllabus

Best interest of the child; R.C. 3109.04(E)(2)(b); R.C. 3109.04(E)(2)(c); shared parenting agreement; contempt of court. The trial court did not abuse its discretion in denying appellant's motion to terminate shared parenting where the record reflected that there was evidence in the record establishing that it was in the best interest of the child to continue parenting time with appellee, most of the issues that led to appellant filing the motion had been addressed, and appellant testified that she did not oppose parenting time as long as it did not occur in appellee's house. The trial court did not err in denying appellant's motion to suspend overnight visits with appellee where the record established that appellee had addressed most of the issues, there still remained concerns about appellee's residence, but he established that he had utilities in his name, had remained in the residence for two years after its sale at foreclosure, and appellant testified that she was not opposed to overnight visits only the location. The trial court erred in holding appellant in contempt of court where appellant established by a preponderance of the evidence that she had a good-faith basis for her decision to terminate parenting time where the minor child reported no heat or water in the home, and appellee refused to discuss the issues with appellant or show her that he had addressed the issues in the home until several months later. Further, throughout the case, appellee refused to allow the guardian ad litem to inspect his home and appellee did not complete court-ordered substance-abuse assessments in a timely manner.